the Applicant v JS Digital Pty Ltd
Citation: [2026] FWC 2313
At a glance
- Employees affected
- 1
What happened
the Applicant commenced employment with JS Digital Pty Ltd in late February 2026, working in the printing department. Following a meeting on March 20, 2026, where she raised concerns about training and workload, the Applicant sent messages indicating her desire for a transfer or resignation if that wasn't possible. On March 23, 2026, she attended work but did not perform any duties. She subsequently submitted a formal complaint and notice of constructive dismissal, claiming systemic bullying and breach of duty of care. JS Digital disputed these claims and stated the Applicant resigned.
What was decided
The Fair Work Commission upheld the jurisdictional objection raised by JS Digital Pty Ltd, finding that the Applicant was not dismissed. The Commissioner determined she did not experience forced resignation due to the employer's actions. Commissioner Fox found the Applicant decided to resign after JS Digital declined her request for a transfer and considered evidence of a text message suggesting she had secured new employment. Consequently, the application under s.365 of the Fair Work Act was dismissed.
What it means for employers
Employers should promptly address employee concerns raised in writing. Responding to complaints does not necessarily prevent claims of constructive dismissal. Employers should investigate and document responses to employee grievances. The Commission will consider objective evidence when assessing whether an employee was constructively dismissed, including communications indicating a voluntary resignation.
What it means for employees
Simply stating you were forced to resign is not enough to prove constructive dismissal. Employees need to demonstrate the employer's actions compelled them to leave their job. Evidence of new employment opportunities can be considered by the Commission when assessing claims of forced resignation.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections